83The risk of free-riding is different from ‘the risk of dilution’ — the notion that detriment to the distinctive character of the earlier mark is usually established where the use of the mark applied for would have the effect that the earlier mark would no longer be capable of arousing immediate association with the goods for which it is registered and used — and ‘the risk of tarnishment’ — the notion that detriment to the repute of the earlier mark is usually established where the goods for which the mark applied for is used would appeal to the public’s senses in such a way that the earlier mark’s power of attraction would be diminished thereby (see, to that effect, judgments in SPA-FINDERS, paragraph 25 above, EU:T:2005:179, paragraphs 43 and 46; nasdaq, paragraph 26 above, EU:T:2007:131, paragraph 55; and BEATLE, paragraph 25 above, EU:T:2012:177, paragraph 63).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.